PATEL SHAILESHKUMAR BECHARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By means of the present writ-petitions, the petitioners (24 in numbers) seek a writ of mandamus commending the respondents to pay compensation by making an award under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for the lands belonging to the petitioners herein, as they were utilised for the purpose of canal without any statutory land acquisition proceeding in violation of Article 300-A of the Constitution of India.

(2.) The statement in the writ-petition is that for the purpose of construction of Ladol distributary canal of Dharoi canal passing through Village: Gavada, land acquisition proceedings appear to have been initiated in the year 2009 and thereafter, land acquisition cases No. 27/2011 and 28/2011 were registered by the Special Land Acquisition Officer. The possession of respective lands of the petitioners have been taken by the respondent No.3 namely the Executive Engineer, Dharoi main canal division, Dharoi Dam, Dharoi, Taluka: Satlasana, District: Mehsana. The respondent No.3 had also started digging work of the canal in question by giving an initial amount towards lump-sum compensation with assurance that the final compensation would be determined after declaration of the land acquisition award. The date of acquisition notifications under Ss. 4 and 6 of the Land Acquisition Act, 1894 as indicated in paragraph Nos. 6 and 7 of the writ-petition are 6/2/2012 and 23/5/2013. It is further stated in Para-9 of the writ-petition that after issuance of notification under Sec. 6 of the Land Acquisition Act, 1894, no further proceedings appear to have been undertaken.

(3.) We may note that writ-petition is filed after a period of 10 years in the month of August, 2023, with the assertion that the petitioners have got information under the Right to Information Act, 2005 by moving an application dtd. 14/11/2022, wherein the details in the form of hand written chart has been provided stating that part payment of compensation to the land holders of Land Acquisition Case Nos. 27/2011 and 28/2011. A copy of the communication dtd. 12/12/2022 sent by respondent No.3 in response to application under the Right to Information Act, 2005 moved by the writ petitioners is also appended at Annexure "C" to the writ-petition.